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The Tokyo International Military Tribunal - A Reappraisal$
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Neil Boister and Robert Cryer

Print publication date: 2008

Print ISBN-13: 9780199278527

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199278527.001.0001

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Crimes Against Peace

Crimes Against Peace

Chapter:
(p.115) 5 Crimes Against Peace
Source:
The Tokyo International Military Tribunal - A Reappraisal
Author(s):

Neil Boister

Robert Cryer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278527.003.0006

This chapter contextualizes the debate about the validity of crimes against peace at Tokyo, illustrates how the thematic elements of the debate emerged by sketching the development of crimes against peace, analyses the validity of crimes against peace in the view of the participants in the Tokyo Tribunal, and examines their understanding of the scope of these offences. Broadly speaking, the issues were whether, in international law, a war of aggression or a war in violation of treaties was unlawful, whether the consequence of such illegality included individual criminal responsibility, and what the specific offences entailed. This chapter adopts these issues as a thematic taxonomy for analysis of the submissions on the law of the prosecution and defence, the majority and dissenting judgments, and their critics.

Keywords:   aggression, state responsibility, criminal responsibility, planning, preparing, initiating, waging, self-defence, Kellogg-Briand Pact, legality

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